Make a Difference - Advocacy for Cancer Rights - October 8, 2010 - Los Angeles - Cancer Legal Resource Center

Advocacy is growing for myriad aspects of the cancer crisis. Be an advocate for change by learning more about advocating for the rights of cancer patients.

Join the Cancer Legal Resource Center for the 2010 Cancer Rights Conference on Friday, October 8, 2010 at Ronald Reagan UCLA Medical Center, Los Angeles. This free conference will provide patients, survivors, caregivers, advocates, navigators, and healthcare professionals about cancer-related legal issues, including: 

  • Employment & Taking Time Off Work
  • Getting and Keeping Health Insurance
  • Navigating Managed Care
  • Estate Planning
  • Disability and Life Insurance Options
  • Understanding Health Care Reform
  • Cancer Community Resources
  • Genetics & the Law
  • Education Rights of Children & Young Adults with Cancer

To register for the conference online now, click here. For more information, visit www.CancerLegalResourceCenter.org/conference or contact Angelica Corral, Communications & Administrative Coordinator, Cancer Legal Resource Center at 213-252-8449.

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The Next Crisis: Managing the Risk That Your Insurance Doesn't Work

Insurance is much needed, but increasingly does not work. That's the thesis for an October 1 conference hosted by my law firm, among others. I've been part of the team putting the conference together. We are fortunate that excellent speakers agreed to share their time and thoughts. They include two Law Professors, Jay Feinman and Daniel Schwarcz, and Michael McRaith, Director, Illinois Department of Insurance. We hope our guests find the conference both interesting and informative.

(Sorry, the register button does not work through this blog.)

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Every 10 Minutes, Someone in the US Dies from a Blood Cancer .....

The top two lines in the chart tell terrible stories. Inexorably climbing cancer rates for childhood cancers and non-Hodgkins lymphomas.

What do the charts mean in human terms ? There are no words I know to really cover that subject. But here are some awful and powerful words from a fall 2010  press release by the Leukemia and Lymphoma Society:

"Every 10 minutes, someone [in the US] dies from a blood cancer and more than 53,000 will die from one this year."
 

Cancer is a crisis for our nation and the world.  Indeed, the American Cancer Society recently demonstrated that cancer costs the world economy something between $ 1.5 trillion and $2 trillion, every year, in lost productivity and direct medical treatment costs.

Why are the costs so high? Because cancer is rampant. Set aside future growth rates - based on just the present annual numbers from the ACS,  there will be 15 million new cancers in the US in the next 10 years.  That's more than the populations of  our three largest cities -  New York  (8.9 m), Los Angeles (3.83 m), and Chicago (2.8 m), in just a decade. Imagine the outcry if terrorists spread germs that inflicted devasting harm or death on 15 million people. 

Crises demand action, and money. Sadly, words exceed money when it comes to cancer. Thus, this month the U.S. House of Representatives passed House Resolution 1433, declaring September 2010 as 'Blood Cancer Awareness Month.'  Many of the words are set out below.


"Awareness Month is an opportunity to increase the public's understanding of blood cancers and encourage people to support the funding of research to find cures and education programs to help patients have the best possible outcomes throughout their cancer experience," explained John Walter, president and CEO of The Leukemia & Lymphoma Society. "The Leukemia & Lymphoma Society would like to thank Representatives Walter Jones and Betsey Markey for introducing and supporting this resolution, and all of our volunteers who called and emailed their representatives to urge their support."

Remarkable progress has been made in treating patients with blood cancers. Sixty years ago there were few effective treatments for children or adults with blood cancer and the rate of survival was very low. Today, about 75 percent of children with acute leukemia and nearly 80 percent of children and adults with Hodgkin lymphoma are cured. Advances in the treatment of blood cancers have also led to new treatments for other cancers. In fact, in the last decade, 47 percent of new cancer therapies approved by the Food and Drug Administration (FDA) were first developed and approved to treat a blood cancer.

Despite these advances, more than 900,000 people in the United States currently have some form of blood cancer and fewer than 50 percent of newly diagnosed patients will survive five years past that diagnosis. Every ten minutes someone dies from a blood cancer and more than 53,000 will die from one this year. (emphasis added)

"Congress has been supportive of issues affecting blood cancers in the past," said Walter, "and we thank them for that support. But more needs to be done to fight these deadly diseases increased research funding, access to affordable treatments, and improved care planning for survivors, just to name a few issues that need to be addressed."

Source: Leukemia & Lymphoma Society
 

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Chemicals, Mass Torts and Global Litigation: Upcoming ABA Mass Tort Committee

The ABA Litigation Section is putting on a regional workshop meeting on mass torts. The meeting is October 8 at ExxonMobile in Houston. The brochure for the meeting is here. The meeting is titled: Chemical Products and Toxic Torts: From Crisis to Mass Litigation: Starting Smart and Finishing Strong.

The meeting includes an international panel described as follows:

 

Leading attorneys involved in international and cross-border litigation will discuss the legal, social and political landscape as it relates to litigating claims in the United States and abroad. Recognized for their trailblazing work, these panelists will offer their perspectives on determining where to file claims that can properly be brought in the U.S. or a foreign jurisdiction and whether to move to dismiss based on forum non-conveniens. The discussion will include the impact of current world views on U.S.-based litigants in foreign jurisdictions, legislative efforts in foreign jurisdictions that attempt to make courts more accessible to tort and mass tort plaintiffs, and systemic corruption as it relates to outcomes in foreign litigation and how it impacts enforceability.

 

 

European Court of Justice Rejects Attorney-Client Privilege Claim for Inside Counsel

The Akzo Nobel ruling is out from the European Court of Justice, and rejects the attorney-client privilege claim for activities of inside counsel as related to claims regarding unfair competition.   The opinion is here. Go here for a Law.com article with predictable quotes from corporate counsel upset about losing secrecy.

The quotes from corporate groups emphasize that the ruling arises in the context of a competition case. That's true, but the rationale and language of the opinion focus on the conclusion that inside counsel face business pressures and constraints that limit their actual independence. The quotes do not explain how that rationale will be avoided in cases that arise in other substantive areas.

MDL Proceedings - Good, Bad or Otherwise - The View Varies

Federal MDL proceedings are often but not always used in "mass tort " cases.  The Wall Street Journal covers the topic today in the context of BP, and presents varying views. In general, plaintiffs tend to oppose MDL proceedings. The article is here.

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Copyright "Trolls" Start Down the Path Created by Patent "Trolls"

The litigation industry apparently includes a new specialty:  copyright enforcement by copyright "trolls"  that make a business of suing people for copyright infringement.  The ABA Journal includes this on line story  describing a business that receives the rights and then sues infringers.

Some debate whether trolls are "good" or "bad."  Labeling is not very useful, however.  And presumably some are "fair," and some are not. Good, bad, or otherwise, the existence of trolls exemplifies the age of specialization we've entered, and the value of information.

International Lawyers Commenting on Netherlands as Settlement Forum for Global Securities Claims Against Chinese Entities: Is this Global Forum Shopping ?

Having more or less won the so-called f-cubed securities cases to limit US jurisdiction on securities claims, defendants in securities claims now have to deal with the consequences of their "wins." One consequence is that they face  issues on where and how to obtain global settlements and/or purportedly valid settlement injunctions. Therefore, lawyers and jurisdictions are now dancing on where global settlements may be obtained.

On that subject, here is the link to a fairly detailed and useful three page paper on the possibility of obtaining judicial approval in the Netherlands of purportedly global securities claims. The paper notes the pendency of 16 US based securities claims against Chinese entities, and suggests the possibility of Netherlands as the settlement forum. The firm, De Brauw Blakstone Westbrook, lists office in Amsterdam, Beijing, London and New York. 

 Hat tip to Lexology for presenting the article in its daily article flow.

The Global Costs of Cancer - Think $1.5 Trillion, or More, Every Year; The Litigation Industry Will Not Miss the Significance of the Numbers

The players in the the litigation industry inevitably pay attention to large numbers. In that vein, and in the broader social sense, consider the annual global cost of cancer.  

According to an August 2010 study from the American Cancer Society, cancer is the world’s most costly disease in terms of lost productivity. Why?  Because cancer  kills or disables so many so early in life, and thus imposes costs that exceed by 20%  the lost productivity costs from heart disease.  

The annual lost productivity number for cancer? The number is estimated at just under $1 trillion, at $ 895 billion  – every year.  Click here to see the American Cancer Society’s  August 2010 report. Is the estimate/report imperfect because the data is imperfect? Of course it is, as the report acknowledges. But at that incredible scale,  it seems logical to believe that any imperfections are immaterial.

Lost productivity is only one money-based measure of the global cost of cancer. The report indicates that if one adds in the direct medical costs of treating cancer, then  the annual world cost of cancer about doubles. That produces a measure of the annual global cost of cancer as between $ 1.5 and $ 2 trillion – every year

Numbers in the trillions inevitably draw social and litigation attention. Indeed, the numbers present  a staggering  set of costs the world incurs to cope with the cancers caused by nature, and by toxic products. The report directly focuses on the enormous role of tobacco in  causing cancers. No wonder tobacco giant Phillip Morris lured David Bernick away from K & E to become its general counsel, as described here.

One suspects that some of the products of some chemical, herbicide, fertilizer and seed makers ill soon become additional targets for the cost estimators. Indeed, one need think only briefly of Agent Orange - and other products - to recognize that some of the their products include some of the world's most potent carcinogens. Other products, such as some seeds, are explicitly designed for use with herbicides that include proven or suspected carcinogens. 

The litigation industry already includes a significant focus on some of the products of some of those companies as causes of blood cancers. The large numbers for cancer no doubt mean that the years ahead will bring increasing litigation and public scrutiny to some members of the chemical, herbicide, fertilizer and seed industries. 

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Science, the Journal, and the Profession, Once Again Indict Tobacco Smoke for Lung Diseases

Science long ago indicted  tobacco smoke for causing multiple diseases.  But scientist could not explain exactly how the harms were caused. Today, there are increasing insights into the cellular mechanisms at work.  This September 2, 2010  article from ScienceDaily summarizes a September 2, 2010 article from Science, one of the world''s best professional journals for science.

The bottom line ?  One of the many ways that tobacco smoke causes harm appears to be  by inhibiting  cellular level lung functions that seek to clear hazardous proteins that are triggered by the body's efforts to fend off other harmful aspects of smoking.  Said more technically, it appears to inhibit an enzyme that helps to clear neutrophils that are summoned by the body to clear infections.

One has to ask: why do world governments continue to allow smoking ?  The answer of course is: money in the form of sales tax revenue. In the US, that bond was tightened by the tobacco settlement.  And, in the US, the tobacco industry also created the process of seeking federal immunity from civil liability. That absurd outcome is surely one of the world's best examples of an industry externalizing the financial and human costs of its miserable actions.  Happily, the same result was not obtained all around the globe.  

Asbestos Awareness In Ghana

Here is an article from All Africa regarding asbestos cement risks in Ghana, and some very modest government action.

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State Law Applied to Determine Successor Liability Rule for Enforcement of Judgement Against Korean Entities

Companies sued in other nations sometimes allow the entry of default judgments, apparently sometimes concluding that successor entities will be able to avoid enforcement of a judgment. That strategy may not always work, at least in the US, as is illustrated by this NLJ article by Sheri Qualters. The article  highlights a recent 3rd Circuit ruling that applied state law to decide when to enforce a jugdment against a successor entity. In doing so, the 3rd Circuit rejected applying Korean law said to block successor liability. 

The opinion arises in a patent case, but the reasoning is general and should be applicable in most any type of case. The opinion is here.

More Bad News for James Hardie and Its Asbestos Compensation Fund

Managing legacy liabilities is never easy. For some, it can be a nightmare. Thus, James Hardie and its asbestos compensation fund took yet another hit yesterday through the loss of a tax appeal.  The loss is  described here in mass media in Australia. The mass media is focused on the fund's long term survival prospects in light of the adverse ruling and the continuing slumps in the building sector that buys product from James Hardie entities. 

The company issued a statement yesterday (go here to investor relations page), but did not include a link to the opinion. According to the statement. the loss will result in a charge of about $ 330 million (US) unless there is a successful further appeal. The company also says it will not violate loan covenants by taking the charge.